If I use a song performed by a cover band (not the original artist)as musical backing for a video on my website would I be infringing copyright laws?? If so am I realistically going to be hunted down by lawyers?
2006-11-23 10:28:42 · 8 answers · asked by dave a 1 in Entertainment & Music ➔ Music
A recorded song is covered by two copyrights. One is for the recording of the song. This one, if you know the cover band, you can probably get a mechanical license for its use. That doesn't, however, absolve the band of payment for everytime it's played (eg., on your website). So, a mechanical license could make it ok, but you would put yourself in a position of owing per play.
Second copyright is the copyright in the original music. This is the one that the coverband could get around infringing by paying the cost of the per-play mechanical license. You, probably, would still be seen as infringing on this one, especially if you're not paying royalties.
You probably won't be "hunted down" by lawyers. Some rights holders (ie, the people who own the rights to the words and music) do look for the use of their work online. If they find your site, what would most likely happen is they'd send your ISP, and maybe you, a Cease & Desist (C&D) notice to remove either the song or, if you didn't comply, for the ISP to remove your site. The ISP, to keep from incurring any liability based on your actions, will remove your site, which keeps them protected by the safe harbor provision of the Digital Millenium Copyright Act (DMCA). As an aside, you probably signed an agreement with your ISP (click-signed) saying that you had rights to everything you post and that they could take such actions if any fo the rights were challenged. Now, if they take action based on a C&D, you can fight that but, as you've described things, you'd have no basis for doing so.
Note: I'm not a lawyer; not legal advice, just my opinion based on US laws.
2006-11-25 02:56:37 · answer #1 · answered by question_ahoy 5 · 0⤊ 0⤋
No. You must have a broadcast/performance license to use any copyrighted music on a website. You could get an ASCAP or BMI performance license that would cover this use. In this case, you don't actually need to contact the musician; just one of the licensing organizations. The only exception is if the material has been issued under the Creative Commons or similar license. Royalty free music can be found through Wikimedia Commons. You don't need the ASCAP or BMI license for this music. See links below. In your case, just sending the email is insufficient; you MUST either use a license, or get explicit permission from the owner of the copyright.
2016-05-23 01:16:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes you are breaking copyright laws, but I doubt you being hunted down by lawyers, the band that has made the cover may be in more trouble.
2006-11-23 10:32:00 · answer #3 · answered by stone 3 · 0⤊ 0⤋
Yes by both parties because the song probably belonged to the original artist and someone else sang it, so if you used the song you could be in violation 2 times, I would get permission from both sources before using it. You could be hunted down, yes, they would first ask you to remove the song tho before they did further action.
2006-11-23 10:37:17 · answer #4 · answered by Tina of Lymphland.com 6 · 0⤊ 0⤋
Two things to Consider -
Do the Cover artists have permission to cover the song?
Do you have permission to put the song on your website?
If both yes then it's legal.
and no..........you're not going to be hunted dow by Lawyers. They will probably send you an email requesting you remove it!
2006-11-23 10:33:29 · answer #5 · answered by rachfan1991 1 · 0⤊ 0⤋
Yes, you are. You should be paying the writers performance royalties every time your website is hit.
As for the being hunted down, it's unlikely, unless they wanted to make an example of you.
2006-11-23 10:32:27 · answer #6 · answered by Snowth 4 · 0⤊ 0⤋
Yes you would because the writer has a cut of the copyright. Realistcally you're pretty safe from the feds ...:D
2006-11-23 10:50:36 · answer #7 · answered by huggz 7 · 0⤊ 0⤋
You could be. Best thing is to write for permission - they may say yes for the publicity.
2006-11-23 10:31:26 · answer #8 · answered by migdalski 7 · 0⤊ 0⤋